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U.S. v. BRAGG, 1:17-cr-00109. (2017)

Court: District Court, W.D. Michigan Number: infdco20171107884 Visitors: 4
Filed: Oct. 27, 2017
Latest Update: Oct. 27, 2017
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on October 26, 2017, after receiving the written consent of defendant and all counsel. There is no written plea agreement. The agreement is oral. The parties agree that in exchange for defendant's guilty plea to Counts 6 and 7 of the Indictment, the government will move to dismiss the remaining Counts of the Indictment at sentencing and if el
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REPORT AND RECOMMENDATION

Pursuant to W.D. MICH. L.CR.R. 11.1, I conducted a plea hearing in the captioned case on October 26, 2017, after receiving the written consent of defendant and all counsel. There is no written plea agreement. The agreement is oral. The parties agree that in exchange for defendant's guilty plea to Counts 6 and 7 of the Indictment, the government will move to dismiss the remaining Counts of the Indictment at sentencing and if eligible, will ask for the third-level reduction. At the hearing, defendant Toliver Michael Bragg, Jr. entered a plea of guilty to Counts 6 and 7 of the Indictment. In Count 6 of the Indictment, defendant is charged with possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C); in Count 7 of the Indictment, defendant is charged with possession of a firearm in furtherance of drug trafficking, in violation of 18 U.S.C. § 924(c)(1)(A)(i). On the basis of the record made at the hearing, I find that defendant is fully capable and competent to enter an informed plea; that the plea is made knowingly and with full understanding of each of the rights waived by defendant; that it is made voluntarily and free from any force, threats, or promises; that the defendant understands the nature of the charge and penalties provided by law; and that the plea has a sufficient basis in fact.

Accordingly, I recommend that defendant's plea of guilty to Counts 6 and 7 of the Indictment be accepted, and that the court adjudicate defendant guilty. Acceptance of the plea, adjudication of guilt, and imposition of sentence are specifically reserved for the district judge.

Source:  Leagle

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